beta
(영문) 서울중앙지방법원 2017.09.12 2017가합11921

사실확인 등

Text

1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were married on July 4, 1984, and on April 7, 2014, the parties to the agreement have been married.

B. Before marriage with the Defendant, the Plaintiff was dispatched from September 30, 1981 to April 1, 2015 to the employees of Hyundai Construction Co., Ltd. (i.e.,, during marriage with the Defendant, the Plaintiff was dispatched to a foreign country for most of the period of time). Accordingly, the Defendant withdrawn part of the Plaintiff’s monthly savings account, and consumed them as living expenses, etc.

C. In the process of divorce, the Plaintiff and the Defendant agreed on the division of property, etc. on March 5, 2014 (hereinafter “instant division of property”). On the same day, a notary public certified the agreement in which the law firm’s text stated the content of the instant division of property.

1. The Plaintiff agreed to divorce under mutual agreement with the Defendant. 2. The Plaintiff is individually liable for the livelihood after divorce.

3. The current child C's marriage problem remains, the cause attributable to divorce does not belong to the defendant, and the plaintiff wants to divorce, and the plaintiff does not claim consolation money for divorce.

4. Division of property against divorce is established by the agreement that the Defendant pays 30,000,000 won to the Plaintiff at the same time as the divorce becomes final and conclusive. It is notarized that the property division of the Defendant’s name does not claim once again for any reason after the divorce.

The Defendant paid KRW 30,000,000 to the Plaintiff on April 9, 2014 according to the instant division of property agreement.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including branch numbers in case of additional number), Eul evidence No. 6, the purport of the whole pleadings

2. The assertion and determination on the part of the claim for confirmation

A. The gist of the Plaintiff’s assertion is that the Defendant deposited the Plaintiff’s monthly savings account, and one-half of the Plaintiff’s wages managed by the Defendant is deposited in preparation for the Plaintiff’s old age, etc.